New decisions from two federal courts may allow defendants in data breach class action litigation to breathe somewhat easier, following a run of adverse decisions last year. These decisions illustrate an emerging trend of...more
The threat of commercial crime against companies is transforming. Technology has created new and innovative ways for fraudsters to exploit individuals and companies through cyber attacks. This new face of fraud can give rise...more
Every business would love to find a fortune teller to give it insight into what trends to follow, which risks to take, and when “exposure” will convert to liability. Some clients might say that, unfortunately, their lawyers...more
The news is full these days of hackers stealing credit card and other customer information from United States retailers such as Home Depot, Target, and Neiman Marcus (and the federal government) among others. These...more
In This Issue: - Home Depot Data Breach — Lawsuits, Calls to Action and Lessons Learned - Skadden Participates in FBI Cyber-Intelligence Workshop - FTC Explores Impact of ‘Big Data’ on American...more
Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more
The data breaches that Target, Michael’s, Nieman Marcus and other large companies have suffered recently have gained a great deal of attention in the media. These public and costly embarrassments serve as reminders that all...more
There’s been a lot of talk about big data over the last few years and the breaches at Target and Neiman Marcus have many companies running in circles trying to figure out how to protect their systems and their data. So what...more
In the wake of the recent massive data breaches suffered by Target and Neiman Marcus, many banks and retailers have renewed the call for a change in the way that consumers in the United States pay for goods and services. ...more
With annual reporting season underway, C-suite executives wake to another day and another data breach. Target, Michael’s, Snapchat, Facebook, Twitter, Adobe -- the list goes on and on. By now, all companies should appreciate...more
On February 5, the House Energy & Commerce Subcommittee on Commerce, Manufacturing and Trade held a hearing titled “Protecting Consumer Information: Can Data Breaches Be Prevented?” The hearing follows two consecutive Senate...more
On Monday, February 3, and Tuesday, February 4, the Senate Banking and Senate Judiciary Committees (respectively) held hearings on the topic of data security and breach notification. Witnesses at both hearings included...more
The massive holiday hacking of consumer information belonging to Target and Neiman Marcus customers has the impacted retailers under a microscope. State Attorneys General across the country have banded together to launch a...more
In the wake of major customer data breaches at Target and Neiman Marcus, lawmakers on Capitol Hill have quickly swung into action, scheduling a slew of hearings and introducing legislation designed to address the issue of...more
In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP KnowledgeNet. Our panel of...more
Recently, several large retailers, including Target and Neiman Marcus, announced that hackers had compromised credit card and other personal consumer data. At Target, 40 million debt and credit cards were impacted and the...more
The Federal Government has not taken significant steps to regulate data security. For that reason, local and state officials have been taking a more aggressive role in responding to data breaches and in establishing best...more
In the wake of recent data breaches at major retailers Target and Neiman Marcus, Senate Judiciary Chairman Patrick Leahy (D-VT) has renewed his efforts to enact stronger data security requirements for companies that collect...more